The following provisions shall apply to all uses, structures
and buildings lawfully existing on the effective date of this chapter,
to all uses, structures and buildings that may become nonconforming
or noncomplying by reason of any subsequent amendment to this chapter
and the Zoning Map which is a part thereof[1] and to all complying buildings housing nonconforming uses.
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
The lawful use, under any previous Town of New Hartford Zoning
chapters or laws, of any use, structure or building existing at the
time of the adoption of this chapter may be continued, although such
use does not conform with the provisions hereof, and any such building
that may be reconstructed or structurally altered or the nonconforming
use therein changed are subject the following regulations:
A.
Expansion. A nonconforming building or use shall not be expanded
unless such nonconforming building or use is made to conform to the
current regulations of the district in which it is located.
B.
Reconstruction/alterations. A building, nonconforming as to use,
may not be reconstructed or structurally altered during its life to
an extent exceeding in aggregate cost 50% of the fair value of the
building, unless the use of such building is changed to a conforming
use. This section shall not be deemed to apply to normal repair and
maintenance. This subsection shall not apply to single-family dwellings,
not regulated as manufactured or mobile, situated wholly and solely
within the boundaries of their lot descriptions.
C.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of 12 consecutive months, any future use shall be in
conformity with the provisions of this chapter.
D.
Restoration. A building nonconforming as to use which has been damaged
by fire or other causes to the extent of more than 50% of its fair
value, exclusive of its foundation, shall not be restored except in
conformity with the regulations of this chapter. As used in this subsection,
the word "building" shall be construed as being singular. This subsection
shall not apply to single-family dwellings, not regulated as manufactured
or mobile, situated wholly and solely within the boundaries of their
lot descriptions.
E.
Removal. If any building in which any nonconforming use is conducted
is hereafter removed, the subsequent use of the land on which such
building was located and the subsequent use of any building erected
thereon shall conform to the regulations of the district.
F.
Validity of permit. Any building for which a permit has been lawfully
granted and on which construction has been started and diligently
prosecuted before the effective date of this chapter may be completed.
G.
A nonconforming use shall not be changed to another nonconforming
use without the approval of the Zoning Board of Appeals, and then
only to a use which, in the opinion of the Board of Appeals, is of
the same or a more restricted nature.
The nonconforming use of land shall not be enlarged or extended
beyond the area of land occupied by such use at the time of the adoption
of this chapter. A nonconforming use of land may not be moved in whole
or in part to any other portion of the lot or parcel of land occupied
by such nonconforming use at the time of adoption of this chapter.
A nonconforming use of land shall not be changed to another nonconforming
use without the approval of the Zoning Board of Appeals. If a nonconforming
use of land is discontinued for a period of 12 consecutive months,
it shall not be renewed, and any subsequent use of the land shall
conform to the regulations of the district in which the land is located.
A.
Development of nonconforming (substandard) lots.
(1)
Lots of record at the time of adoption of this chapter which
are less than the minimum lot size or lot frontage shall be deemed
to meet the minimum size regulations of this chapter in the A, RA,
LDR, MDR, HDR and MU Districts, provided that such lot may not be
used for any use other than a single-family residence and its associated
accessory structures. The minimum yard requirements may be reduced
in proportion to the size of the lot as compared to the minimum required
for the district.
(2)
Substandard lots in all other zoning districts at the time of
adoption of this chapter that do not meet the minimum lot size may
be built upon but shall meet all other lot development standards of
Schedule B and this chapter.[1]
[1]
Editor's Note: Schedule B is included as an attachment to
this chapter.
B.
Change of use on nonconforming (substandard) lots: site plan review.
A change of use in an existing structure on a lot of record at the
time of adoption of this chapter which is less than the required minimum
lot size, or has less than the minimum setbacks, shall be required
to obtain site plan review approval by the Planning Board to ensure
that the substandard lot is of adequate size and suitability for the
new use. The Planning Board shall take into consideration site impacts
of the new use, including but not limited to traffic volume, traffic
circulation, outdoor lighting, off-street parking and loading, landscaping
and screening.
No lot in existence on the effective date of this chapter shall
be subdivided or diminished in area in such a way that the lot area,
frontage, width, front, side or rear yard, coverage, required parking
spaces or green space no longer meets the requirements of these regulations
or any permit issued thereunder.
Any sign lawfully erected prior to the effective date of this
chapter which does not conform to the provisions hereof shall be removed
within seven years of the effective date of this chapter.
